Now showing items 1-4 of 4
The Founders' Unwritten Constitution
(University of Chicago Law Review, 1987)
In seeking to understand and interpret our written Constitution, judges and scholars have often focused on two related issues: how did the founding generation understand the Constitution they created, and to what extent ...
Separation of Powers: Asking a Different Question
(Williamn and Mary Law Review, 1989)
What I find most intriguing about Professor Casper's essay1 is its historical description of the founders' attitude not so much toward "separation of powers," but toward separation of powers "questions." In other words, I ...
Putting the Law Back in Constitutional Law
(Constitutional Commentary, 2009)
Taking a cue from Professor Laurence Tribe's decision to abandon the third edition of his constitutional law treatise, the organizers of this symposium have asked us to address whether constitutional law is in crisis. I ...
Two Hundred Years Ago Today
(Law and Inequality, 1988)
There is a tendency in the bicentennial year-and especially this week-to idealize the events of 1787. We tend to presume that the men who wrote the Constitution were near-perfect demigods, who crafted a brilliant and ...